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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • jk2054
      Evri lost my Ebay parcel £844 - court claim issued

      By jk2054 · Posted

      Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
    • jk2054
      Evri lost my Ebay parcel £844 - court claim issued

      By jk2054 · Posted

      well in every other thread advocate or not evri always send a cpr27.9 because they never turn up. I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not. I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)
    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      OK, thanks.  Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍
    • Danny83
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By Danny83 · Posted

      Thanks FTMDave.  VCS's WS was from Jake Burgess.  I will draft my WS and share with copies of court order, and VCS's exhibits asap.  I'm away tomorrow so more likely Friday.  Thanks again for the advice   
    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      Thanks. Time to move on this. 1.  You need to tweak the magnificent WS that dx suggested.  Adapt it to your case.  It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2.  We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3.  Who wrote their WS?  Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4.  We need to see a good chunk of VCS's exhibits.  I don't get why we have to keep asking you for things rather than them being volunteered.  Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing?  All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5.  You've never shown us the court order which fixes the hearing date.  It should be obvious we need to see what the court has ordered.  This is the second time we've asked. 6.  VCS were using Elms Legal.  Are Elms Legal still involved? 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

If you realy want to fight add this to your claim

Guest stephen

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Guest stephen

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Posted
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I am also seeking a declaration as to the Legality or otherwise of charges applied to my account for going overdrawn bouncing a Direct Debit. or a cheque bouncing.

 

I seek a declaration to confirm whether these charges represent a Penalty or further or in the alternative, whether Such Charges are unfair contract terms.

 

"Please only use this if you are really want to fight the banks and are not only interested in getting your money back. If you unsure Don’t use it."

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Janet-M

Janet-M

Posted
Posted

I'm not that interested in if I get my money back it's only £253 that I never had anyway just don't think I personally could argue you my case enough in court.I file my claim on Tuesday so ...............

Sorry I should of added that yes it's a lot of money for me but I can see how much the banks are destroying some peoples lives with these charges so if I can stop this it's worth a lot more to me then £253

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Guest stephen

Guest stephen

Posted
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Well can you hold off from filing for a week because if i get six more people like you who have accounts at different banks then we can end this.

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Janet-M

Janet-M

Posted
Posted

That is fine by me ... I will hold off until you tell me other wise..

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Spiceskull

Spiceskull

Posted
Posted
but I can see how much the banks are destroying some peoples lives with these charges so if I can stop this it's worth a lot more to me then £253

I agree - this is about more than money. I really want to see justice served in a moral, social, legal and financial way - if I get my money back, well, that's a bonus. My bank has treated me with contempt for 24 years...it has to stop.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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richardc

richardc

Posted
Posted

My current claim against Lloyds TSB will wrap up in1/2 weeks. Next is LlyodsTSB Visacard. Only £120 which would come in handy, but in the general interest I'm happy to join this.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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seylectric

seylectric

Posted
Posted

Count me in. As was said earlier, it's not about the money (we never had it in the first place), it's about the injustice of it all.

 

What really gets under my skin is the unfair charges, administration fees, late payment charges etc. by ALL companies, not just banks. Whenever these put you overdrawn or behind with payments, these play havoc with your credit rating and cost you more in higher loan interest rates etc. So the unfair actions of one bank or company may affect your credit rating and cost you more with other companies. That's all wrong.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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Spiceskull

Spiceskull

Posted
Posted
by ALL companies, not just banks

I believe that once there is critical mass, the issue of 'penalties' will be considered across the board by the relevant authorities. What they will decide to do about it is anyone's guess, but considering they are 'consumer protective' (the authorities) I don't see how they will be allowed to cave in to big business.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dave

dave

Posted
Posted

Could asking for declaration potentially put claimants at risk of the defendents legal costs?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Spiceskull

Spiceskull

Posted
Posted

I think that Stephen is looking into ways of circumnavigating this by some method.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dave

dave

Posted
Posted

I don't think there are ways to avoid it - it's at the judges discretion, is it not?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Spiceskull

Spiceskull

Posted
Posted

Sorry - costs are costs. I think the method would be some form of insurance against costs...and whilst you are here...I tried to reply to your PM - your inbox is full...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Janet-M

Janet-M

Posted
Posted

After very careful thought and consideration to this issue I now feel I am unable to join you Stephen .My first thought has to be my children’s security. I feel even a slight risk to that would be stupid and irresponsible .There are other users who would be in a position to join you with nothing to lose and I hope that they do come forward and join you in this. I have heard some absolutely heartbreaking stories from some users and it was really for those people who took the time and trouble to email me I wanted to do it. To them users especially I feel the need to say sorry but I hope you understand .

Good luck to all who go for it .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 12 years later...
Guest

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Posted
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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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